Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7753 of 2018 Applicant :- Babbu Kurashi @ Aarif Opposite Party :- State Of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ajai Kumar, learned counsel for the applicant and Sri R.S.Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to village party-bandi and he has committed no offence.It is next contended that in the present case crime number 1003/2017 under sections 419, 420, 41/411 and section 3/8 Prevention of Cow Slighter Act and and sec.11 Prevention of Cruelty to Animal Act and Sec.7 Criminal law Amendment Act the applicant has been released on bail by Coordinate Bench of this Court on 15.12.2017, copy of which is annexed as annexure-3 on page 32 to the bail application. It is also contended that recovery of bike has been shown against him which belonged to the applicant. Further there is no public witness to support the prosecution version. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 9.11.2017. The applicant has no other reported criminal history.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Babbu Kurashi @ Aarif involved in Case Crime No.1003 of 2017, under Sections 467, 468, 471 I.P.C.,Police Station Kotwali, District Fatehpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned, if not warranted in any other case with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 27.2.2018 IA